16 U.S.C. § 5508 — Criminal offenses

Page 2550 TITLE 16—CONSERVATION § 5508 nonpayment of penalty or fine) may obtain re- view thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such penalty or sanction. The Secretary shall promptly file in such court a certified copy of the record upon which such penalty or sanction was imposed, as provided in section 2112 of title 28. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substan- tial evidence, as provided in section 706(2) of title 5. (e) Collection (1) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the matter shall be referred to the Attorney General, who shall recover the amount assessed in any appropriate district court of the United States. In such action the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. (2) A high seas fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act pro- hibited by section 5505 of this title shall be lia- ble in rem for any civil penalty assessed for such violation under subsection (a) and may be pro- ceeded against in any district court of the United States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel that may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel. (Pub. L. 104–43, title I, § 108, Nov. 3, 1995, 109 Stat. 373.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 120 days after Nov. 3, 1995, see sec- tion 111 of Pub. L. 104–43, set out as a note under sec- tion 5501 of this title. § 5508. Criminal offenses (a) Offenses A person is guilty of an offense if the person commits any act prohibited by paragraph (6), (7), (8), or (9) of section 5505 of this title. (b) Punishment Any offense described in subsection (a) is a class A misdemeanor punishable by a fine under title 18, or imprisonment for not more than one year, or both; except that if in the commission of any offense the person uses a dangerous weap- on, engages in conduct that causes bodily injury to any authorized officer, or places any such of- ficer in fear of imminent bodily injury, the of- fense is a felony punishable by a fine under title 18, or imprisonment for not more than 10 years, or both. (Pub. L. 104–43, title I, § 109, Nov. 3, 1995, 109 Stat. 375.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 120 days after Nov. 3, 1995, see sec- tion 111 of Pub. L. 104–43, set out as a note under sec- tion 5501 of this title. § 5509. Forfeitures (a) In general Any high seas fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any living marine resources (or the fair market value thereof) taken or re- tained, in any manner, in connection with or as a result of the commission of any act prohibited by section 5505 of this title (other than an act for which the issuance of a citation under sec- tion 5506 of this title is a sufficient sanction) shall be subject to forfeiture to the United States. All or part of such vessel may, and all such living marine resources (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under this section. (b) Jurisdiction of district courts Any district court of the United States shall have jurisdiction, upon application of the Attor- ney General on behalf of the United States, to order any forfeiture authorized under subsection (a) and any action provided for under subsection (d). (c) Judgment If a judgment is entered for the United States in a civil forfeiture proceeding under this sec- tion, the Attorney General may seize any prop- erty or other interest declared forfeited to the United States, which has not previously been seized pursuant to this chapter or for which se- curity has not previously been obtained. The provisions of the customs laws relating to— (1) the seizure, forfeiture, and condemnation of property for violation of the customs law; (2) the disposition of such property or the proceeds from the sale thereof; and (3) the remission or mitigation of any such forfeiture; shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the pro- visions of this chapter, unless such provisions are inconsistent with the purposes, policy, and provisions of this chapter. (d) Procedure (1) Any officer authorized to serve any process in rem that is issued by a court under section 5506(b) of this title shall— (A) stay the execution of such process; or (B) discharge any living marine resources seized pursuant to such process; upon receipt of a satisfactory bond or other se- curity from any person claiming such property. Such bond or other security shall be conditioned upon such person delivering such property to the appropriate court upon order thereof, without any impairment of its value, or paying the mon- etary value of such property pursuant to an order of such court. Judgment shall be recover- able on such bond or other security against both the principal and any sureties in the event that